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California E-Verify law takes effect Jan. 1

14 Dec 15

UNITED STATES

A California law that provides for enhanced penalties for employers who violate E-Verify rules will take effect Jan. 1.

The law, A.B. 622, imposes state fines on employers unlawfully using E-Verify to check the employment authorization of an existing employee or job candidate who has not received an offer of employment, unless required by federal law or as a condition of receiving federal funds.

The new law is intended to prevent employers from misusing E-Verify, a voluntary system used to check employment eligibility of new employees. The E-Verify database is managed by U.S. Citizenship and Immigration Services, the Department of Homeland Security and the Social Security Administration. Federal regulations prohibit employers from using E-Verify to screen existing employees or job candidates who have not been offered employment.

The California law will also require employers who use E-Verify to provide an employee with notifications from the Social Security Administration or Department of Homeland Security containing information about the employee’s E-Verify case or a tentative non-confirmation (TNC) notice. A TNC indicates that an employee’s information entered into E-Verify did not match records in the federal database.

The law introduces hefty monetary fines. Employers who violate any of the provisions face civil fines of $10,000 per violation.

BAL Analysis: California employers should familiarize themselves with the new law and review internal E-Verify policies and procedures accordingly.